Terms of Use.

Introduction

Mitu Labs Inc. (“Mitu Labs Inc.”, “Mitu”, “we”, “our”, “us”) is a Delaware C Corporation registered in Newark, Delaware, United States, with Delaware file number 10037884. Mitu Labs Inc. is registered with the United States Financial Crimes Enforcement Network (FinCEN) as a Money Services Business under BSA ID 31000329382690.

These Generally Applicable Terms apply to all Mitu Services and Mitu Account holders. They include this document and any Schedules hereto and shall be read in accordance with the policies (“Mitu Policies”) as may be referenced herein or elsewhere within the Mitu app or the website, which form part of these terms, including but not limited to:

• Cookie Policy
• Privacy Policy
• AML Policy
• Complaints Procedure

In addition to these Generally Applicable Terms and the policies referenced above, please review any additional terms and conditions that may apply to the Mitu Services you wish to use.

The “Mitu Terms” refers to these Generally Applicable Terms, the policies referenced above, and any additional terms that may apply to the Mitu Services you contract.

The Mitu Terms constitute a framework agreement that establishes the terms and conditions under which you may use, access, view, or interact with Mitu in any manner, including applying for a Mitu Account or using Mitu Services in any manner (“Mitu Interaction”).

Before opening a Mitu Account or gaining access to Mitu Services, you must read and understand these Generally Applicable Terms and the Mitu Policies, as well as any Mitu Terms relating to the specific Mitu Services you wish to contract and any risk warnings contained therein.

By proceeding with any Mitu Interaction, you accept and acknowledge the risks associated with the relevant Mitu Services, as well as your acceptance of these Generally Applicable Terms, the Mitu Policies, and any Mitu Terms relating to the Mitu Services you wish to contract. You also agree to accept Mitu's decisions on all matters relating to the Mitu Services, as well as the terms of any third party providers that Mitu may engage in the provision of the Mitu Services.

Mitu is a financial technology company, not a bank. Banking and payment services are provided by licensed banking and payment partners. References in these Terms to Mitu Services include services provided by Mitu Labs Inc. directly and services provided through our regulated partners.

Registration process

You will be able to access the Mitu Services once your Mitu Account has been activated, subject to the identification and verification process that Mitu requires.

You agree that any information you submit during the identification and verification process, or in any other circumstance, is true and correct, and that any payment you make through your Mitu Account is your rightful property and comes from a legitimate source.

Mitu may request additional information from you for verification purposes. You agree to comply with all requests made by Mitu or any of our third party service providers on our behalf in connection with your Mitu Account, including requests to identify or authenticate your identity, validate your funding sources, prove control of your digital wallet address, and verify any Mitu Transaction. This may include providing more information that allows us to identify you, taking steps to establish ownership of your phone number, or having your information checked against third party databases or other sources.

We reserve the right to close, suspend, or limit access to your Mitu Account and the Mitu Services if we are unable to obtain and verify such information, or if you do not comply with our reasonable requests.

We may discreetly check the information you provide, or we may obtain information about you ourselves or through third parties from secure databases. By agreeing to these Generally Applicable Terms, you agree that we or a third party operating on our behalf may carry out such verifications.

You must keep your Mitu Account information current and valid at all times. If we believe your information is outdated or incorrect, we may contact you and request additional information or ask you to repeat the verification procedure at any time. While we verify your identity, we may place a transaction limit on your Mitu Account or adjust an existing limit. We shall not be held liable for any losses incurred as a result of your failure to keep your information up to date.

To use the Mitu Services, navigate to the Accounts section of the Mitu website or app and select the relevant Mitu Account.

Security

You are solely responsible for maintaining the security of your Mitu Account. While we may assist you in restoring access to your Mitu Account if it is reasonable to do so, Mitu is under no obligation to do so, including in the case of theft or loss of control of the means of accessing the Mitu Account. You agree that Mitu is not liable for any damages or losses incurred as a result of theft or loss of control of your Mitu Account that are not caused by Mitu's negligence or fault.

You agree to keep your Mitu Account passwords, PIN numbers, access codes, and information strictly confidential. Mitu is not liable for any access to or use of your Mitu Account resulting from your or anyone else's disclosure of these login credentials.

Protecting your Mitu Account and any associated access information includes, but is not limited to, the following steps:

• Logging out of your Mitu Account when you are finished using it
• Maintaining the safety and security of any device you use to access your Mitu Account
• Ensuring that any email accounts you use to communicate with us are also secure and accessible only by you
• Not writing down or exposing your Mitu Account password
• Changing your Mitu Account password on a regular basis
• If you receive any text messages, emails, questionnaires, surveys, or other links requesting your Mitu Account access information, do not provide it and notify us at hello@mitu.ai immediately
• If you believe your Mitu Account access information has been lost, stolen, or that someone has access to your email account or device you use to communicate with us, do not send your information and notify us at hello@mitu.ai immediately

Please contact us at hello@mitu.ai if you have any questions about this section.

Mitu provides financial technology services. Transactions and activity undertaken within the Mitu app may be processed through automated procedures, and anyone with access credentials to your Mitu Account may use it to enter transactions without your permission. Notify us immediately at hello@mitu.ai if you observe any suspicious activity, such as misuse or unauthorized use of your Mitu Account.

The funds in any Mitu Account are the property of the individual or entity listed as the account holder. Only the Mitu Account holder's rights are recognised. Your Mitu Account cannot be transferred or assigned to another individual.

Unauthorized access

If you believe a Mitu Transaction was carried out incorrectly or without your permission, please contact us as soon as possible by using the Mitu app or emailing hello@mitu.ai. Failure to contact us as soon as you become aware of an unauthorised or incorrectly performed Mitu Transaction, or within two months of the transaction's date, may result in you losing your right to have the matter resolved.

If it is determined that a Mitu Transaction was not authorised by you, or was incorrectly initiated or executed by us (provided we can confirm that such incorrect transaction occurred), and you notified us within two months of the date of the unauthorised Mitu Transaction, we will refund you the full amount debited without authorization. However, if you have acted fraudulently, or have intentionally or negligently failed to comply with your obligations set out in the Security section, or you have failed to notify us on time, you will be liable in full for all losses incurred in relation to a Mitu Transaction that you did not authorise.

Please be advised that any liability limitations set forth in applicable laws in respect of an unauthorized or incorrectly executed payment transaction may not apply to losses related to stablecoin or digital asset transfers.

Mitu account closure

We will close your Mitu Account based on your written request, which must be submitted to Mitu Customer Service at hello@mitu.ai, or in compliance with the Mitu Terms or applicable law.

You agree that Mitu may retain personal information about you, your Mitu Account, and any Mitu Interactions for at least five years following the closure of your Mitu Account, or for such longer period as required by applicable legislation.

If your Mitu Account contains a balance at the time of closure, Mitu may require that you withdraw your funds within a reasonable timeframe. During this period, your Mitu Account will only be available for the purpose of withdrawing the balance. After this period, you may no longer be able to access your Mitu Account, but you may withdraw any leftover funds for a period of five years from the date of closure by contacting Mitu Customer Service at hello@mitu.ai and requesting a refund or bank transfer. Any pending instructions will be cancelled upon cancellation of your Mitu Account.

You cannot close your Mitu Account to avoid an investigation. If you attempt to close your Mitu Account while an investigation is ongoing, Mitu may freeze your account to protect itself, its affiliates, or third parties from liability.

Even after closing your Mitu Account, you remain responsible for any obligations connected to it.

We may close your Mitu Account and terminate all applicable Mitu Terms with immediate effect, without limiting the generality of this provision and without prejudice to any accrued rights or remedies, in the following circumstances:

• You violate a material term of the Mitu Terms and fail to remedy the violation within 15 days after receiving written notice to do so
• You consistently violate one or more of the Mitu Terms in such a manner that it is reasonable to conclude that your actions are inconsistent with your intention or ability to comply with the Mitu Terms
• There has been a bankruptcy, insolvency, liquidation, or similar event affecting you
• Any change in or introduction of laws, regulatory authority rules, or guidance (or change in their interpretation or application) renders it unlawful or contrary to such law, rule, order, or regulation for Mitu or you to perform or give effect to any obligations hereunder, and such obligation cannot easily be severed from the Mitu Terms
• We are unable to authenticate your information under the applicable Mitu Terms
• You die
• We have reason to believe that your usage of the Mitu Services causes damage to Mitu, the Mitu Services, or our partners
• The overall number or value of transactions you perform through your Mitu Account fluctuates significantly in a way that suggests risk
• You have acted or failed to act in any manner that we reasonably believe will harm Mitu's business operations, reputation, or goodwill, or that we reasonably determine or suspect will result in any offence or increased risk or liability to us
• We are unable to provide you with Mitu Services because a third party is unable to provide us with the products or services we need to deliver the Mitu Services to you

In addition to terminating your Mitu Account, we may take the following actions if you breach any of the Mitu Terms (such as failing to pay us amounts owed):

• Suspend your use of the Mitu Services in whole or in part, in which case we will not consider any order for a transaction to have been received
• Disclose any transaction information or other relevant information about you and your use of the Mitu Services to the appropriate regulatory authority, law enforcement agency, or government department
• Seek compensation from you where appropriate

Notice and communications

You consent to receiving electronic communications from Mitu regarding the Mitu Services. We will communicate with you via the Mitu app or the primary email address listed in your Mitu Account profile (“Primary Email Address”). You are responsible for keeping this Primary Email Address secure. You acknowledge that Mitu is not liable for any damages or losses caused by unauthorised use of or loss of control over the Primary Email Address.

You are responsible for regularly accessing and reviewing the Mitu app, the website, and your Primary Email Address, as well as opening and reviewing communications that we send to you through these channels. You must immediately report any issues, apparent errors, or unauthorised Mitu Transactions or use of your Mitu Account after reviewing your notifications and Mitu Transaction history. Failure to communicate with us in accordance with the applicable Mitu Terms may result in the forfeiture of funds or important rights.

We may contact you periodically to advise you of changes to your Mitu Account or to provide you with essential information. It is your responsibility to regularly check the Mitu app and Primary Email Address, and to maintain valid contact information in your Mitu profile. You may contact us through the Mitu app or by sending an email to hello@mitu.ai.

Personal data

The processing of your personal data is governed by these Generally Applicable Terms, any other applicable Mitu Terms (including any applicable Supplements), and our Privacy Policy, which is available at mitu.ai/privacy. Mitu adheres to all applicable privacy and data protection laws.

When you use the Mitu Services, we may collect personal information, such as the geographical location of a Mitu Transaction. We may collect the precise location of your device when the Mitu app is running in the foreground or background if you grant permission through your mobile operating system's permission settings. Your IP address can also be used to approximate your location. If you have already agreed to provide location data through the Mitu app, you can opt out at any time. If you do not opt out, you consent to its collection, use, sharing, and transmission as described in our Privacy Policy.

You agree that we may collect personal data about how you and other Mitu Account holders interact with the Mitu Services. We may access and retain names and contact information from your device's address book to facilitate social interactions through the Mitu Services and for other lawful business purposes.

We collect transaction information regarding your use of the Mitu Services, including the type of service you used, the date and time of the transaction, the amount, and other transaction details. We may also collect hardware model, operating system and version, software and file names and versions, chosen language, unique device identifier, advertising IDs, serial number, device motion information, and mobile network information. You acknowledge and agree that we may use the personal data we collect to facilitate your use of the Mitu Services.

You consent and authorise us to collect, use, process, and store any personally identifiable information, credit, or financial information you provide to us, including your KYC information, at any time and at our discretion, in line with our Privacy Policy. You also agree that we may disclose your personally identifiable information, credit, or financial information, including your KYC information, to our card issuer, banking partners, payment partners, and other third party service providers, financial institutions, debt collection agencies, credit bureaus, or any credit reporting agency for any purpose related to our provision of services under applicable law.

Mitu reserves the right to transmit information or personal data about you, as well as activity you conduct through your Mitu Account, to law enforcement agencies, state authorities, and financial institutions, where required to comply with applicable law or to determine whether any of the Mitu Terms or applicable laws have been violated.

You agree to receive autodialed and prerecorded messages at the telephone number you submit to Mitu (including a mobile phone number). You can provide us with your phone number in multiple ways, including when you create or amend your Mitu Account profile.

We will never market, advertise, or solicit you using autodialed or prerecorded messages without your authorisation, but we may share your phone numbers with our card issuer, our affiliates, or other service providers, such as billing or collections organisations, who may contact you using such methods.

You acknowledge and agree that Mitu may monitor or record telephone conversations you or anyone acting on your behalf has with Mitu or its representatives, without additional notice or warning, for quality control and training purposes, as well as for our protection. You acknowledge that while your conversations with Mitu may be overheard, monitored, or recorded without further notice or consent, Mitu does not guarantee the preservation or retrieval of any telephone call recording.

You consent to our use of your personal information associated with your Mitu Account for the purposes of evaluating, developing, and enhancing our products and services. This may involve sharing your personal information with our affiliates, agents, distributors, and suppliers so that they can manage Mitu Transactions and conduct statistical research and analysis. We may also disclose your personal information if required to do so by law, regulation, or any competent authority or agency conducting an investigation into fraudulent, illegal, or unauthorised conduct.

For more information on the personal data that Mitu collects and uses in connection with your Mitu Account and use of Mitu Services, please visit mitu.ai/privacy.

Links to other websites

Our Service may contain links to websites or services of third parties that are not owned or controlled by Mitu.

Mitu does not control and is not responsible for the content, privacy policies, or practices of any third party websites or services. You acknowledge and agree that Mitu is not responsible or liable, directly or indirectly, for any damage or loss caused or claimed to be caused by or in connection with the use of or reliance on any such content, products, or services available on or through any such websites or services.

We strongly recommend you read the terms and conditions and privacy policies of any third party websites or services you visit.

Intellectual property

Mitu owns or has a licence to use the Mitu app and website, as well as all Intellectual Property Rights included within, including logos, content, product information, and similar materials. Without our prior written approval, you may not copy, imitate, reproduce, alter, or otherwise use any Intellectual Property found in whole or in part on the Mitu app, the website, or any website to which it links.

The Mitu Terms do not provide you or any other person or entity with any legal rights in the Mitu app or website, unless such rights are required for you to use the Mitu app or website. You agree not to alter, circumvent, or remove any notices on the Mitu app or website (including any Intellectual Property notices), including any embedded digital rights or other security.

You represent and warrant that the content, information, or data you provide to the website or Mitu app is yours and that you own or otherwise control all necessary rights to it.

We reserve all intellectual property rights in connection with the Mitu Terms. This means that Mitu will maintain ownership and may use these rights as it sees fit.

Customer support and complaints

When a customer has a complaint, we investigate it thoroughly. To submit a formal complaint about Mitu, our services, or your Mitu Account, please review our Complaints Policy on our website at mitu.ai.

At any point during the term of any Mitu Terms, you may request a copy of the applicable Mitu Terms and any other material relevant to current applicable laws and regulations.

Amendments

By giving you at least one month's written notice through the website, the Mitu app, or an email to your Primary Email Address, Mitu reserves the right to unilaterally change any of the Mitu Terms. You acknowledge that it is your responsibility to remain informed about any changes to the Mitu Terms and to comply with the then current version of those terms.

If you do not notify us to the contrary before the date on which the changes take effect, we will assume that you have accepted the changes. If you do not contact us to inform us otherwise, we will assume that you wish to close your Mitu Account and terminate any applicable Mitu Terms as of the effective date of the changes.

By continuing to use the Mitu Services or by not terminating the Mitu Services after the effective date of any additions, changes, or updates, you agree to be bound by the Mitu Terms, as amended.

Changes to the Mitu Terms may be made without prior notice to you and will be effective immediately if (i) such changes are required by law or (ii) such changes relate to the addition of a new service, additional functionality to an existing Mitu Service, a reduction in the cost of the Mitu Services, or any other change that does not reduce your rights or increase your responsibilities.

Warranties

The Mitu app, Mitu Services, and website are provided “as is” and “as available”, with no representations or warranties of any kind, either express or implied, including but not limited to any statutory warranties.

To the fullest extent permitted by law, Mitu disclaims any and all implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement with respect to the website and all of its components, as well as the Mitu app and all of its components.

No representation or warranty, express or implied, is made with respect to the Mitu Services, including the content, materials, information, and functions made available by the Mitu Services when used on or accessed through the Mitu app or website, or with respect to any security breach associated with the transmission of sensitive information through any Mitu Interaction, by Mitu, its officers, directors, agents, employees, or suppliers.

There is no guarantee that the Mitu Services will meet your requirements. Neither the website's availability nor its error free operation, nor the provision of the Mitu Services, are guaranteed or warranted in any way by Mitu. The receipt, processing, acceptance, completion, or settlement of Mitu Transactions or the Mitu Services may be adversely affected by system failures or other interruptions, for which Mitu shall not be liable.

When using the Mitu Services, you may be purchasing products and services from third parties independently of Mitu. Mitu expressly disclaims any duty to ensure the quality, performance, or other consequences of items or services purchased through third parties via the Mitu Services.

Suspension of Mitu Services

We reserve the right to alter, suspend, or terminate the operation of the Mitu Services, or any part thereof, at any time and for any reason, with or without prior notice or liability.

The following are strictly forbidden (“Prohibited Activities”):

• You may not open more than one Mitu Account, unless Mitu grants you permission to do so in writing
• If Mitu has terminated your previous Mitu Account, you may not open a new Mitu Account without Mitu's written consent
• You may not initiate or take part in any attempt to manipulate or subvert the rights or obligations of Mitu, any other Mitu Account holder, or any third party
• You agree not to violate or attempt to violate the security of the website or the Mitu app, or to interfere with the proper functioning of the website, the Mitu app, or the Mitu Services in any way
• Neither you nor your content may violate the intellectual property rights (including copyright, patent, trademark, trade secret, and other intellectual property rights) of Mitu or any third party
• You must refrain from any conduct that could be considered defamatory, obscene, threatening, or harassing in connection with your Mitu Interaction
• You may not make unwanted advances to any employee, agent, or customer of Mitu
• You are not permitted to provide Mitu with any information that is untrue, incorrect, or misleading
• You must cooperate with any request for information or verification of identity made by Mitu
• You may not make any unauthorised or unlawful use of the Mitu Services
• You may not use the Mitu Services to engage in money laundering, terrorism financing, fraud, sanctions evasion, or any other illegal activity

Suspension or termination of Mitu Account

In connection with any activity deemed suspicious or fraudulent, or in any way directly or indirectly contrary to these Generally Applicable Terms, any other applicable Mitu Terms, or the Prohibited Activities, Mitu reserves the right to limit, suspend, or terminate a Mitu Account, access to any Mitu Account, and use of any Mitu Services or the website, at any time and without notice.

Mitu may take action to protect itself, other Mitu Account holders, and third parties if it determines, in its sole judgment, that you have breached any Mitu Terms, including the Prohibited Activities. As a result, we may, among other things, notify other users or third parties with whom you have transacted, notify law enforcement or other applicable agencies and authorities, take legal action against you, or restrict your ability to engage in Mitu Interactions.

In the event that your Mitu Account is terminated or cancelled, you will be able to withdraw any remaining funds in your account balance, less any applicable fees, unless Mitu reasonably determines otherwise, for example to comply with the requirements of law enforcement authorities or court processes.

Mitu is not responsible for any financial losses that may occur as a result of a Mitu Account being temporarily or permanently closed. If Mitu determines that you have engaged in Prohibited Activities, it may take any action it deems necessary, including freezing your Mitu Account, reporting you to law enforcement or other authorities, and confiscating any funds in your Mitu Account where lawful to do so.

Mitu will, when possible, share details of our actions with you, but in some cases we may be unable to do so due to legal constraints, such as protecting the privacy of third parties or refraining from interfering with an ongoing investigation.

Mitu's right to set off

If any event occurs that requires us to be compensated by you, we shall be entitled to collect any sum payable to us by withholding all or a portion of any sum that you have lodged with us under any Mitu Transaction or otherwise (including any technical errors on our behalf or on behalf of our third party providers). Any right of set off you may have had before is waived.

To be clear, if you have a negative balance in any currency in your Mitu Account, or if you owe us money for any reason, Mitu may set off the amount you owe us by using funds in that currency or in another currency balance, or by deducting amounts you owe us from money received into your Mitu Account. Any funds that you try to withdraw or transfer out of your Mitu Account, or from funds in another Mitu Account that you control, may be subject to these deductions.

If the amount you owe us is denominated in a different currency or stablecoin than the one in which your funds are held, we shall convert your holdings into the denominated amount owed to us using our prevailing exchange rates. This conversion may take place without further notice to you.

Liability

The defaulting party's liability for any loss or damage caused by a breach of these Generally Applicable Terms or any other applicable Mitu Terms shall be limited to the loss or damage that is a reasonably foreseeable result of such breach and results directly from the acts of the defaulting party.

To the fullest extent permitted by law, Mitu disclaims all liability and responsibility for any damages or losses (including, without limitation, loss of any digital asset, goodwill, reputation, profits, business opportunity, or other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from the use of the Mitu Services, including but not limited to:

• You are unable to use the Mitu Services for any reason
• Interruptions or delays in Mitu Services
• The possibility of contracting a virus or other malware by using the Mitu app, website, or any associated service
• Problems, flaws, errors, or omissions of any kind in the Mitu Services
• Inaction or action on the part of a third party
• Suspension or other action taken against your Mitu Account
• Interference from other parties

Any delay or failure to meet our respective responsibilities, including any withdrawal requests, due to any cause beyond our reasonable control, shall not be the responsibility of Mitu, its officers, authorised representatives, or affiliated organisations or persons. This includes any market movement, volatility, or crash; any technological failure, including failure within the digital asset ecosystem; any infrastructure failure, including computer, server, or network failures beyond our reasonable control; security breaches; and any other acts or omissions of a third party. These are referred to as “Force Majeure Events”.

Although Mitu uses standard industry practices to ensure that its website, app, and services are virus free, we cannot guarantee that this will always be the case. If you use our website, the Mitu app, or the Mitu Services, or if you download any content from it or any website linked to it, we will not be liable for any loss or damage caused by a virus, distributed denial of service attack, or other technologically harmful material.

Limitations on liability and disclaimers of warranties are not permitted in some jurisdictions. Only those limitations and disclaimers that are permitted by law will apply to you. Mitu, its officers, employees, licensors, partners, service providers, or subcontractors will not be liable for any indirect, special, incidental, punitive, or consequential damages (including, without limitation, lost profits, loss of use, loss of data, or loss of goodwill) arising out of or in connection with any Mitu Service, to the maximum extent permitted by applicable laws.

Subject to the above, in no event will Mitu's liability to you under any Mitu Terms exceed the amount of fees you paid to Mitu in the three months preceding the claimed breach.

Nothing in the Mitu Terms shall be construed to exclude or restrict liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability which may not be excluded or limited under applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless Mitu and its affiliated entities, third party providers, employees, agents, or persons authorised to act on our behalf, and their respective directors, shareholders, officers, employees, or agents, from and against any and all actions, claims, demands, losses, liabilities, expenses, costs, and fees (including reasonable attorneys' fees) arising directly or indirectly out of or in connection with your use of the Services, your breach of any Mitu Terms, or your violation of any law or the rights of a third party.

Termination

By providing you with thirty (30) days' notice, Mitu reserves the right to terminate any and all Mitu Terms at any time in its sole discretion. The termination of the Mitu Terms will not affect any rights or obligations that have already accrued.

In the event of a termination of your Mitu Terms, your Mitu Account may be closed. The final payment on your account will be processed in accordance with these Terms.

Any provision of these Mitu Terms that, by its nature, should survive termination shall survive termination.

For the avoidance of doubt, any party may terminate any applicable Mitu Terms immediately, with or without cause, without affecting the accrual of any rights or remedies, if and only if the following conditions are met:

• The other party seriously violates any of the Mitu Terms and does not remedy the violation within 30 days of written notice to do so
• Persistent breaches by the other party of any of the Mitu Conditions give rise to reasonable doubt about that party's commitment to or ability to fulfil its obligations
• Either party has filed for bankruptcy, become insolvent, had its business dissolved, or experienced a comparable event
• Any obligation of any party hereunder becomes unlawful or contrary to any law, rule, order, or regulation

Without limiting any rights or remedies that Mitu may have under the applicable Mitu Terms, Mitu may terminate any Mitu Terms with immediate effect by providing written notice to you if:

• We have been unable to validate your details in accordance with the Mitu Terms
• You die
• We have reason to suspect that your use of the Mitu Services damages, corrupts, degrades, destroys, or otherwise negatively affects any Mitu Services, as well as any other software, firmware, hardware, data, systems, or networks that you access or use
• There is a considerable change in the total number of Mitu Transactions you make
• You have acted or omitted to act in any way that we reasonably believe will harm Mitu's business operations, reputation, or goodwill
• We are unable to deliver the Mitu Services to you because a third party has failed to provide us with goods or services that we require

If you breach any of the Mitu Terms (including your obligation to pay us any sum outstanding), we may terminate these or any other Mitu Terms without notice to you, or we may:

• Suspend (in whole or in part) your use of the Mitu Services, in which case we will not recognise any order for a Mitu Transaction that you may wish to make as having been received by us
• Report any Mitu Transaction, as well as any other relevant information about you and your use of the Mitu Services, to the appropriate regulatory authority, law enforcement agency, or government department
• Seek compensation from you where appropriate

The closing of your Mitu Account, as well as all Mitu Services, Mitu cards, and the associated Mitu Terms, is required to terminate these Generally Applicable Terms. Your remaining balance will be handled by Mitu in accordance with the relevant Mitu Terms and applicable law.

Any terms that should by their nature survive the termination of these Generally Applicable Terms or other Mitu Terms shall also survive.

Seizure and refund of balances

Mitu reserves the right to permanently revoke access to, or confiscate, any funds held in a Mitu Account without prior notice to the Mitu Account holder where required by law or where there is reasonable suspicion of unlawful activity. Mitu is not required to and may be prohibited from providing the legal basis for any restrictions placed on your Mitu Account.

If required by law, rule, court order, or the direction or guidance of a competent regulatory authority or agency, we will return any remaining funds in your Mitu Account to the original funding source upon closure of your account. Notwithstanding the foregoing, if we reasonably believe you have not acted in accordance with any Mitu Terms or have acted unlawfully, or if we are prohibited from allowing you access to your account balance by any applicable law, we reserve the right to refuse to refund your account balance, in whole or in part, in accordance with applicable law.

Tax liabilities

You are responsible for determining whether or not taxes apply to payments you make or receive and for collecting, reporting, and remitting those taxes to the relevant taxing authority. There is no obligation on our part to determine if taxes apply to your Mitu Transactions, or to collect, report, or remit any taxes that may be due as a result of your Mitu Transactions.

You are responsible for reporting and paying any taxes due as a result of profits made through use of the Mitu Services, as well as for complying with any other tax requirements that may apply to your use of the Mitu Services.

In the event that you use the Mitu Services while travelling outside of your country of residence, you may be subject to local tax laws. You agree to declare and pay any taxes that may be due in connection with Mitu Transactions completed using the Mitu Services in a timely manner and in accordance with all applicable tax laws and regulations.

Translation interpretation

These Terms and Conditions may be translated if we make them available to you through our Service. In case of a discrepancy, you acknowledge that the English version shall govern.

Jurisdiction

Unless otherwise specified, these Generally Applicable Terms and all supplementary Mitu Terms shall be governed by the laws of the State of Delaware, United States, without regard to its conflict of laws principles. Any claim or dispute arising out of or relating to these Terms shall be resolved exclusively by the courts located in the State of Delaware. For the avoidance of doubt, no alternative dispute resolution procedures are included in these Generally Applicable Terms as a way of disputing or issuing any claims related to these Generally Applicable Terms.

For European Union (EU) users

If you are a consumer in the European Union, you will be protected by the mandatory provisions of the legislation of the country in which you actually reside.

United States legal compliance

You hereby affirm, represent, and warrant that (i) you are not located in, under the control of, or a national or resident of any country that is subject to an embargo by the United States government or that has been designated by the United States government as a “terrorist supporting” country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

Miscellaneous

To access certain features of the Mitu Services, you may be required to agree to additional terms and conditions, either with Mitu or a third party. By creating a Mitu Account, you agree to this.

You and Mitu agree that neither of you will bring any claims against the other in any class or representative action or proceeding. No arbitrator or judge can join or combine the claims of different people or entities, and no judge can oversee a class action or a consolidated proceeding involving many people.

The accounts of other Mitu Account holders will not be impacted by any assistance given to any one of the other Mitu Account holders.

No third party is intended to receive any benefit from these Generally Applicable Terms or any of the specific Mitu Terms unless otherwise specified. The Mitu Account holder shall have the sole and exclusive right to enforce any of these Terms against Mitu.

You may not transfer, assign, sell, or otherwise grant any third party a legal or equitable interest in your Mitu Account without Mitu's prior written consent. Any and all rights and obligations under the Mitu Terms, as well as the Mitu Terms themselves, may be assigned by Mitu at any time.

Our failure to enforce a right under the Mitu Terms or applicable legislation is not a waiver of that right.

We may comply with any subpoena, levy, or other lawful process that we deem appropriate. We will notify you of the process by either email, phone call, or regular mail. Mitu reserves the right to switch banking partners, payment partners, card issuers, processors, and other third party service providers, at any time without prior notice.

In its sole discretion, Mitu may modify, refuse to post, or remove any content provided that it deems to be offensive, inaccurate, illegal, fraudulent, or in violation of the Mitu Terms.

In the event that any provision of the Mitu Terms is held to be unlawful or unenforceable, the other sections shall be enforced to the maximum extent permitted by law.

We cannot predict how much the value of a currency will change in relation to another currency. Foreign exchange rates and digital asset prices are highly unpredictable and cannot be predicted based on their historical behaviour or patterns.

Interpretation

Clause and schedule headers, as well as paragraph headings, shall not affect the interpretation of these Terms.

A “person” can be either an individual or a legal entity such as a business or an unincorporated group, whether or not having separate legal personality.

All applicable Schedules are made a part of these Generally Applicable Terms and shall have the same force and effect as if set forth in full in the body of these Terms. Any use of these Terms shall include the Schedules.

A company can be any kind of corporation or other legal entity, regardless of where or how it was formed.

Singular includes plural, plural includes singular, and references to one gender include references to the other genders unless the context clearly indicates otherwise.

These Generally Applicable Terms and the other applicable Mitu Terms shall be binding upon the parties to the relevant Mitu Terms and their respective personal representatives, successors, and permitted assigns, and references to any party shall include that party's personal representatives, successors, and permitted assigns.

Any provision of law that has been mentioned in a document implies that it has been amended, rewritten, or re-enacted at some point.

The Mitu app and website push alerts are also examples of written communication.

The obligation not to permit something to be done is implicit in a promise not to do that act.

Any reference to an action, remedy, form of judicial proceeding, legal document, legal status, court, official, or any legal concept or thing that is not commonly used in the United States State of Delaware shall be construed to contain the closest equivalent term used in that jurisdiction.

Any reference in any Mitu Term to another agreement or document is a reference to such agreement or document as it may have been amended or novated from time to time.

References to clauses are to the relevant clauses of the Mitu Terms, unless otherwise specified, and are to clauses within the Section in which the reference appears.

When a paragraph number is mentioned, it also refers to that paragraph number in the relevant Section. References to Schedules are to the Schedules to the Mitu Terms, and references to paragraphs are to the paragraphs of the applicable Schedule.

The use of the phrases “including”, “for example”, or similar expressions is illustrative and is not meant to limit the scope of the preceding defined or described phrase or term.

The Supplements to these Generally Applicable Terms are an integral part of these Terms because they specify the terms and conditions under which you and Mitu will use particular Mitu Services.

Unless otherwise noted, the meanings provided herein and below apply to these Generally Applicable Terms and all other Terms used by Mitu.

Definitions

• Intellectual Property means rights in designs, styles of presentation of goods and services, databases, rights to use, know how, utility models, and protecting the confidentiality of confidential information (including know how). The term “intellectual property” encompasses both registered and unregistered intellectual property, as well as any and all similar or analogous rights or forms of protection that exist or will exist in the future, wherever located.
• Mitu Account means the account governed by the Generally Applicable Terms and all additional applicable Mitu Terms.
• Mitu App means a mobile application that helps customers of Mitu manage their finances, access their account details, and use Mitu Services.
• Mitu Customer Service is the place to go if you have any inquiries about your Mitu Account. You can reach Customer Service at any time by writing to us at hello@mitu.ai. To access your Mitu Account, please log in with the email address linked to your account.
• Personal Data means information linked to your name, date of birth, home address, email address, phone number, and other identifiers. Our Privacy Policy details all the types of Personal Data we collect and store.
• Primary Email Address means, where you have more than one email address associated with your Mitu Account, the one most recently designated as your primary contact email.
• Prohibited Activities or Non-Permitted Conduct has the meaning set out in the applicable section of this Agreement.

Questions? hello@mitu.ai  ·  Mitu Labs Inc.  ·  FinCEN MSB ID 31000329382690.